Buchalter’s Medical Device & Pharmaceutical Defense group counsels and defends national and international companies navigating the mandates of the FDA and international regulating bodies while contending with a rapidly changing industry. These companies must also deal with increasingly bigger products liability lawsuits involving hundreds, and sometimes thousands, of plaintiffs nationwide. This litigation presents bigger stakes and risks to companies where an adverse judgment and the publicity surrounding claims of a product defect can negatively affect a company’s reputation, market share and financial position.
Our lawyers understand this and are experienced in representing clients in all facets of drug and device products liability cases, including negotiating favorable settlements, securing dismissals and defending products liability cases for their clients in trial and to verdict. They have served as local counsel and on national counsel teams representing defendants in multi-district and coordinated state litigation. They have also represented Fortune 500 companies whose products include both prescription and over-the-counter medications, including brand name and generic drug manufacturers, as well as a diverse mix of medical device companies make everything from durable medical equipment to power wheelchairs to metallic fixation devices to hip implants.
Buchalter’s understanding of these industries and products liability litigation allows our lawyers to work with clients to craft realistic and cost-effective defense strategies early in the case to incorporate clients’ specific needs and goals for resolution. Our lawyers counsel and defend companies contending with liability claims for injury and death, including strict products liability, negligence, the failure to warn and state common law claims. They take the time early on to understand the design, manufacture, marketing and testing available for the products at issue. Part of this approach also includes understanding and using applicable FDA approval or clearance of the product for sale as part of the defense. Our lawyers keep up with the frequently changing litigation landscape including state and federal regulations and case decisions that impact drug and device companies, and they regularly write and speak on these issues.